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CONTENTS

DBA - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: CREDENTIALS AND RECORDS 

    Notice To Parents: Teacher Qualifications

        Federally Required Notice When Teacher Lacks Credentials

        State-Required Notice When Teacher Lacks Credentials

    PROFESSIONAL PERSONNEL

        Certificate

        License

    “School District Teaching Permit”

        Statement to Commissioner

        Duration of Permit

        Noncore Career and Technical Courses

    EMERGENCY PERMITS

        Activation.

        General Eligibility Requirements.

        Specific Requirements for Initial Permits.

        Procedures for Initial Permit

        Validity of Emergency Permit

        One-Year Limitation.

        Renewal Requirements and Procedures.

        Nonrenewable Permits.

        Educator Consent

        No Property Right 

        Unused Permits. 

    PARAPROFESSIONAL EMPLOYEES. 

        Certification. 

    FEDERAL REQUIREMENTS FOR TEACHERS AND PARAPROFESSIONALS. 

        Qualifications Before December 10, 2015. 

        High School Diploma. 

        Higher Education Or Competency Test 

    CREDENTIALS SPECIFIC TO TSBVI ASSIGNMENTS. 

        Procedures For Obtaining Endorsement 

        Orientation and Mobility Instructors. 

    CPR AND FIRST AID CERTIFICATION.

    AED CERTIFICATION.

    SCHOOL BUS DRIVERS.

        Credentials.

        Disqualification

    EMPLOYEE RECORDS

        Professional Employees

        Service Record

        Former Employees

        Access to Employee Records

        Employee Right of Access

Notice To Parents: Qualifications

As a condition of receiving assistance under Title I, Part A of the ESEA (20 U.S.C. 6301 et seq.), the School shall, at the beginning of each school year, notify the parents of each student attending any school receiving such funds that the parents may request, and TSBVI shall provide the parents on request (and in a timely manner) information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following:

  1. Whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
  2. Whether the teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.
  3. The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.
  4. Whether the child is provided services by paraprofessionals and, if so, their qualifications.

Federally Required Notice When Teacher Lacks Credentials

A school that receives such federal funds shall also provide to each individual parent timely notice that the parent’s child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified (i.e., does not meet the applicable state certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.)

20 U.S.C. 6312(e)(1)(B)(ii)

State-Required Notice When Teacher Lacks Credentials

If TSBVI assigns an inappropriately certified or uncertified teacher (as defined below) to the same classroom for more than 30 consecutive instructional days during the same school year, it shall provide written notice of the assignment to the parents or guardians of each student in that classroom.

The Superintendent shall provide the notice not later than the 30th instructional day after the date of the assignment of the inappropriately certified or uncertified teacher. The School shall make a good-faith effort to ensure that the notice is provided in a bilingual form to any parent or guardian whose primary language is not English. TSBVI shall retain a copy of the notice and make information relating to teacher certification available to the public on request. 

An “inappropriately certified or uncertified teacher” includes an individual serving on an emergency certificate or an individual who does not hold any certificate or permit. It does not include an individual who is:

  1. Certified and assigned to teach a class or classes outside his or her area of certification, as determined by State Board for Educator Certification (SBEC) rules specifying the certificate required for an assignment;
  2. Serving on a certificate issued due to a hearing impairment;
  3. Serving on a certificate issued pursuant to enrollment in an approved alternative certification program;
  4. Certified by another state or country and serving on a certificate issued under Education Code 21.052;
  5. Serving on a school district teaching permit; or
  6. Employed under a waiver granted by the commissioner of education. 

The state notice requirement does not apply if a school is required in accordance with Section 1006, Every Student Succeeds Act [20 U.S.C. Section 6312(e)(1)(B)(ii)], to provide notice to a parent or guardian regarding a teacher who does not meet certification requirements at the grade level and subject area in which the teacher is assigned, provided the school provides notice as required by that Act. [See Federally Required Notice—Lack of Credentials, above]

Education Code 21.057;19 TAC 231.1

PROFESSIONAL PERSONNEL

Certificate

A person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician or counselor by the School unless the person holds an appropriate certificate or permit. A person who desires to teach shall present the person's certificate for filing with the School before the person's contract with the Board is binding.

A person employed by a district as an educational diagnostician before September 1, 2008, may continue employment with the district without obtaining a certificate or permit as an educational diagnostician so long as the person is employed by the School.

An educator who does not hold a valid certificate may not be paid for teaching or work done before the effective date of issuance of a valid certificate.

Education Code 21.003(a), .0487(d), 053(a)-(b)

License

A person may not be employed by the School as an audiologist, occupational therapist, physical therapist, physician, nurse, school psychologist, associate school psychologist, social worker, or speech language pathologist unless the person is licensed by the state agency that licenses that profession. A person may perform specific services within those professions for the School only if the person holds the appropriate credentials from the appropriate state agency.

Education Code 21.003(b)

“School District Teaching Permit”

TSBVI may issue “a school district teaching permit” and employ as a teacher a person who does not hold a teaching certificate issued by SBEC, if the person holds a baccalaureate degree.  A baccalaureate degree is not required for persons who will teach only noncore academic career and technology education courses. 

Statement to Commissioner

After employing a person under a school district permit, TSBVI shall promptly send a written statement to the Commissioner.  This statement must identify the person, the person’s qualifications as a teacher, and the subject or class the person will teach.  The person may teach the subject or class pending action by the Commissioner. 

Not later than the 30th day after the Commissioner receives TSBVI’s statement, the Commissioner may inform the School that the person is not qualified to teach.  The person may not teach if the Commissioner finds that the person is not qualified.  If the Commissioner fails to act before the 30th day after receiving the statement, TSBVI may issue the school district teaching permit and the person may teach the subject or class identified in the statement sent to the Commissioner.

Duration of Permit

A school district teaching permit remains valid unless TSBVIt revokes it for cause. 

A person authorized to teach under a school district teaching permit issued by a particular school may not teach in another school district unless that other district complies with the permit-issuing provisions. 

Education Code 21.055 

Noncore Career and Technical Courses

The following requirements do not apply to a person who will teach only noncore academic career and technical education courses:  

  1. The requirement to hold a baccalaureate degree;
  2. The requirement that TSBVI send a written statement to the commissioner identifying the person, the person’s qualifications as a teacher, and the subject or class the person will teach; and
  3. The requirement that the commissioner inform TSBVI in writing if the commissioner finds the person to be not qualified to teach.

The Board may issue a TSBVI teaching permit to a person who will teach courses only in career and technical education based on qualifications certified by the Superintendent. Qualifications must include demonstrated subject matter expertise such as professional work experience, formal training and education, holding an active professional relevant industry license, certification, or registration, or any combination of work experience, training and education, or industry license, certification, or registration, in the subject matter to be taught.

The Superintendent shall certify to the Board that a new employee has undergone a criminal background check and is capable of proper classroom management. TSBVI shall require a new employee to obtain at least 20 hours of classroom management training and to comply with continuing education requirements as determined by the Board.

A person may teach a career and technical education course immediately upon issuance of a permit. Promptly after employing a person who qualifies under Education Code 21.055(d-1), the Board shall send to the commissioner a written statement identifying the person, the course the person will teach, and the person’s qualifications to teach the course. 

Education Code 21.055(d-1)

EMERGENCY PERMITS

Emergency permits are issued under the authority of SBEC. 19 TAC 230.71(a)

Activation

A superintendent or designee who cannot secure an appropriately certified and qualified individual to fill a vacant position may activate an emergency permit for an individual who does not have one of the appropriate credentials for the assignment, as specified in 19 Administrative Code Chapter 231, Requirements for Public School Personnel Assignments. 

In order to activate an emergency permit, the superintendent or designee must:

  1. Document locally the efforts the district has taken to employ an appropriately certified individual in the position for which an emergency permit is activated;
  2. Apply for an emergency permit when a vacant position is filled with an uncertified or inappropriately certified individual who will serve as the teacher of record or will serve in the assignment for more than 30 consecutive instructional days. The application must be submitted to TEA within 45 instructional days of the date of assignment;
  3. Verify that the district maintains a support system, has assigned a trained mentor, and will provide release time as needed to assist the individual serving on an emergency permit. However, a district shall not be required to provide a mentor for a degreed, certified teacher assigned on an emergency permit if the teacher has one or more creditable years’ experience within the district, as defined at 19 Administrative Code Chapter 153, Subchapter CC; and
  4. Verify that the individual for whom the emergency permit is activated has been advised of the SBEC rules regarding permits and permit renewal requirements in 19 Administrative Code Chapter 230, Subchapter F. 

19 TAC 230.71(d)

Temporary Vacancies

TSBVI is not required to activate an emergency permit if an uncertified individual is assigned for a certified teacher who will be absent for more than 30 consecutive instructional days due to documented health-related reasons and has expressed the intention to return to the assignment. TSBVI must, however, comply with the parent notification requirements above.  19 TAC 230.71(i)

General Eligibility Requirements

An individual for whom an emergency permit is activated must meet the following criteria:

  1. The individual must hold a bachelor's degree or higher from an accredited institution of higher education. [See 19 Administrative Code 230.75(1) for career and technical and trade and industrial education assignments.]
  2. The individual must be at least 18 years of age.
  3. The individual must be able to communicate and understand the English language sufficiently to use it easily and readily in daily communication and teaching, as specified in 19 Administrative Code 230.11, General Requirements.
  4. The individual must be of good moral character. SBEC may refuse to authorize an emergency permit for an individual, applying the same standards that would be applied to the administrative denial of an applicant for certification under 19 Administrative Code 249.12, Administrative Denial; Appeal.
  5. The individual must submit fingerprints in accordance with 19 Administrative Code 232.35(c), Submission of Required Information, and Education Code 22.0831. [See DBAA]

19 TAC 230.75

Specific Requirements for Initial Permits

An individual for whom an emergency permit is activated must: 

  1. Have completed the appropriate semester credit hours or equivalent contact hours required for the emergency permit sought as specified in 19 Administrative Code 230.77, or, for a degreed, certified teacher, have passed the appropriate content specialization portions of the appropriate certification examination required for the target certificate; and
  2. Have satisfied the appropriate experience requirement specified in 19 Administrative Code 230.77 for the emergency permit sought.

19 TAC 230.77(a)

SBEC rules provide requirements for the following assignments: 

  1. Elementary grades (early childhood–grade 6) (general education).
  2. Secondary grades (grades 7–12) (general education).
  3. All grade levels (early childhood–grade 12) (general education).
  4. Career and technical education programs.
  5. Special populations, such as English language learners (ELLs) and students with special learning needs.
  6. Other instructional and support personnel, such as school counselor, educational diagnostician, and school librarian. 

19 TAC 230.77 (b)–(g)

Hardship Exception

An emergency permit may be authorized on a hardship basis for an individual who does not meet all eligibility requirements only if approval has been granted and e-mail notification received from TEA staff.  The district must:

  1. Document local conditions requiring the assignment of an individual who does not meet emergency permit requirements;
  2. Verify that the deficiencies for the certificate sought do not exceed 36 semester credit hours; and
  3. Verify:
    1. That the individual will be enrolled in the first available course listed on the certification plan; or
    2. Registration for the next available administration of the appropriate content specialization portion of the certification examination for an individual who holds a valid Texas classroom teaching certificate and a bachelor’s degree or higher from an accredited institution of higher education and is placed in an assignment requiring a different classroom teaching certificate.

19 TAC 230.71(h)

Holders of Intern or Probationary Certificates

Candidates who hold an intern certificate under the provisions of 19 Administrative Code 230.36, Intern Certificates, or a probationary certificate under 19 Administrative Code 230.37, Probationary Certificates, may not be employed on an emergency permit during the validity of the intern certificate or probationary certificate. 19 TAC 230.71(j)

Procedures for Initial Permit 

The superintendent or his or her designee or authorized representative must verify the individual's eligibility for the emergency permit [see General Eligibility Requirements and Specific Requirements

for Initial Permits, above] and submit online to TEA the following information within 45 instructional days of assignment. For all assignments (except career and technical education assignments based on skill and experience): 

  1. A completed online emergency permit application;
  2. One of the following:
    1. A certification plan from an approved Texas educator preparation program (EPP); or
    2. Verification of registration for an appropriate certification examination for a teacher that is already certified; and
  3. The appropriate fee (payable by TSBVI).

For career and technical education assignments based on skill and experience:

  1. A completed online emergency permit application;
  2. A copy of the individual's statement of qualifications, approved by the certification officer of a Texas EPP;
  3. Acceptable license, registration, or certification by a state authorized or nationally recognized agency in an occupational area appropriate for the assignment;
  4. A certification plan from an approved Texas EPP for the career and technical education certificate appropriate for the assignment; and
  5. The appropriate fee (payable by TSBVI).

19 TAC 230.79

Validity of Emergency Permit

The validity date of an activated and authorized emergency permit is specified in 19 Administrative Code 230.97, Effective Dates of Certificates and Permit Issuance. 

An emergency permit is valid for the remainder of the school year for which it is activated and authorized by SBEC. The emergency permit must be submitted to TEA within 45 instructional days from the date of assignment. A permit authorized by SBEC is valid for service only in the requesting school and only for the assignments indicated on the emergency permit application.

Effective with the 2017–18 school year, the employment of an individual on an emergency permit, with the exception of the assignment as a teacher of students with visual impairments may not exceed one school year in the same assignment.  [See One-Year Limitation, below]

Prior to the 2017–18 school year, the individual may serve in a specific assignment no more than one additional school year beyond the initial emergency permit. To continue beyond the initial emergency permit year, the individual must comply with the renewal provisions specified in 19 Administrative Code 230.81. [See Renewal Requirements and Procedures, below] 

Effective with the 2017–18 school year, to continue employment in the assignment beyond the validity of the initial emergency permit, the individual must hold the appropriate certificate, in accordance with 19 Administrative Code, Chapter 231, Requirements for Public School Personnel Assignments. An individual may not serve as a classroom teacher of record in TSBVI for more than three school years without obtaining initial, standard certification.

19 TAC 230.73

One-Year Limitation

Effective with the 2017–18 school year, an emergency permit will limit an individual to one year of service and no renewal will be allowed.

Exceptions

Emergency permits for teachers of students with visual impairments referenced in 19 Administrative Code 230.77(f)(2)(B) may be renewed a maximum of two years.

19 TAC 230.71(c)

Renewal Requirements and Procedures 

Effective with the 2017–18 school year, these renewal provisions no longer apply for emergency permits, with the exception of teachers of students with visual impairments.  19 TAC 230.73(f)

A superintendent, designee, or authorized representative may renew an emergency permit for the same assignment in the same district for which the initial emergency permit was activated. 

No individual may continue in the same assignment for more than one school year of service on an emergency permit, except that emergency permits used fewer than 90 calendar days may be renewed for one additional year of service, if needed.

The total of semester credit hours or the equivalent contact hours required to obtain certification appropriate for the assignment shall determine the number of emergency permit renewals for which the individual may be eligible.

For six semester credit hours or less plus appropriate examination requirements, an individual is not eligible for renewal.

For seven semester credit hours or more plus appropriate examination requirements, an individual is eligible for one renewal.

The superintendent or his or her designee or authorized representative may renew an emergency permit provided the following requirements and procedures are met:

  1. The emergency permit must be renewed for the same assignment in the same school.
  2. Official transcripts verifying completion of a minimum of six semester credit hours or documentation of completion of equivalent contact hours toward the appropriate target certificate must be placed in the individual's personnel file.
  3. If the individual has not completed permit renewal requirements as indicated above, the superintendent or his or her designee must obtain hardship approval from the Texas Education Agency prior to continuation of the assignment.
  4. The appropriate renewal of the emergency permit application must be completed online prior to the beginning date of duties for the current school year.
  5. TSBVI shall pay the appropriate fee.

19 TAC 230.81

Nonrenewable Permits

The superintendent or designee may activate a nonrenewable permit for an individual who has not completed the appropriate examination requirements specified in 19 Administrative Code 230.21, Educator Assessment.

A nonrenewable permit may be activated for an individual who: 

  1. Has completed all course and degree requirements of a Texas EPP except for successful completion of all appropriate examination requirements. Nonrenewable permits activated for individuals in this category expire 12 months from the date of activation; or
  2. Holds a Texas teacher certificate with an effective date before February 1, 1986, but has not revalidated the certificate for employment purposes by passing an examination. The individual must not have been employed in a Texas school district or TSBVI since the start of the 1985–86 school year. A nonrenewable permit activated for an individual in this category expires six months from the date of activation or at the end of the school year, whichever is less.

A nonrenewable permit may not be activated for an individual in the same assignment area for which another permit had previously been authorized. 

The superintendent, designee, or authorized representative must verify that an individual is eligible for the permit and submit the following information within 45 calendar days of assignment:

  1. An application for a nonrenewable permit completed before the effective date of the assignment; and
  2. The appropriate fee (payable by TSBVI). 

19 TAC 230.83

Educator Consent

A certified teacher must consent to the activation of an emergency permit and be advised of the conditions of the emergency permit. 

A teacher who refuses to consent to activation of an emergency permit may not be terminated or nonrenewed or otherwise retaliated against because of the teacher’s refusal to consent to the activation of the emergency permit. However, a teacher’s refusal to consent shall not impair TSBVI’s right to implement a necessary reduction in force or other personnel actions in accordance with local policy.

19 TAC 230.71(e)

No Property Right

An emergency permit is authorized for TSBVI for a specific assignment and is not the property of the individual for whom the emergency permit was activated. 19 TAC 230.71(f)

Unused Permits 

If an emergency permit authorized by SBEC is not used, TSBVI shall notify TEA staff by e-mail. 19 TAC 230.71(g)

PARAPROFESSIONAL EMPLOYEES

Certification

Educational aides shall be certified for the position according to standards established by the State Board for Educator Certification.  19 TAC 230.51

FEDERAL REQUIREMENTS FOR TEACHERS AND PARAPROFESSIONALS

Teachers and paraprofessionals working in a program supported with funds under Title I, Part A of the Elementary and Secondary Education Act (20 U.S.C. 6301 et seq.) shall meet applicable state certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification.  20 U.S.C. 6311(g)(2)(J), 6312(c)(6)

The state’s professional standards for paraprofessionals working in a program supported with Title I funds must include qualifications that were in place under former 20 U.S.C. 6319, as that section existed before December 10, 2015.  20 U.S.C. 6311(g)(2)(M)

Qualifications Before December 10, 2015

Each district receiving assistance under Title I, Part A of the ESEA shall ensure that all paraprofessionals working in a program supported with those funds shall: 

  1. Be assigned only duties consistent with the following:
    1. A paraprofessional may be assigned to:
      1. Provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher;
      2. Assist with classroom management, such as organizing instructional and other materials;
      3. Provide assistance in a computer laboratory;
      4. Conduct parental involvement activities;
      5. Provide support in a library or media center;
      6. Act as a translator; or
      7. Provide instructional services to students in accordance with items (b) and (c).
    2. A paraprofessional may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with this section; and
    3. A paraprofessional may assume limited duties that are assigned to similar personnel who are not working in a program supported with funds under this part, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.

High School Diploma

  1. Regardless of the paraprofessionals' hiring date, have earned a secondary school diploma or its recognized equivalent.

Higher Education Or Competency Test

  1. If hired after January 8, 2002, have one of the following credentials:
    1. Completed at least 2 years of study at an institution of higher education;
    2. Obtained an associate's (or higher) degree; or\
    3. Met a rigorous standard of quality and can demonstrate, through a formal state or local academic assessment:
      1. Knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or
      2. Knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate.

Receipt of a high school diploma is not sufficient to satisfy the formal academic assessment requirement.

Exceptions

The HIGHER EDUCATION OR COMPETENCY TEST requirements above shall not apply to a paraprofessional:

  1. Who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under Title I, Part A by acting as a translator; or
  2. Whose duties consist solely of conducting parental involvement activities.

Former 20 U.S.C. 6319 (in effect before Dec. 10, 2015)

CREDENTIALS SPECIFIC TO TSBVI ASSIGNMENTS

All TSBVI teachers and educational diagnosticians hired after May 31, 2000 must have or obtain the endorsement in Visually Handicapped (VH) issued by the State Board of Educator Certification.

Procedures For Obtaining Endorsement

The Superintendent shall establish procedures under which any teacher or educational diagnostician hired without the endorsement shall obtain the endorsement. The procedures shall address timelines and coursework for obtaining the endorsement and any reasons for granting exceptions to the timelines based on professional or personal circumstances.

Any teacher or educational diagnostician who does not have the endorsement in Visually Handicapped upon hire shall obtain it under the procedures established by the Superintendent.

Orientation and Mobility Instructors

Orientation and Mobility Instructors must be certified by the Academy for Certification of Vision Rehabilitation and Education Professionals by the beginning of their employment.

CPR AND FIRST AID CERTIFICATION

A School employee who serves as head director of a school band, head coach, or chief sponsor of an extracurricular athletic activity (including cheerleading) that is sponsored or sanctioned by the School or UIL must maintain and submit to the School proof of current certification in first aid and cardiopulmonary resuscitation issued by the American Red Cross, the American Heart Association, or another organization that provides equivalent training and certification.

The School shall adopt procedures for administering this requirement, including procedures for the time and manner in which proof of current certification must be submitted. 

Education Code 33.086

AED CERTIFICATION

Each school nurse, assistant school nurse, athletic coach or sponsor, physical education instructor, band director, cheerleading coach, and any other employee specified by the Commissioner must receive and maintain certification in the use of an AED from the American Heart Association, the American Red Cross, or a similar nationally recognized association.  

Education Code 22.902 [See DMA]

SCHOOL BUS DRIVERS

Credentials

For purposes of the following provisions, a “school bus driver” is a driver transporting school children and/or school personnel on routes to and from school or on a school-related activity trip while operating a multifunction school activity bus, school activity bus, or school bus.  37 TAC 14.1  [See CNA

At a minimum, to become employed and maintain employment status as a school bus driver, a person must meet the following requirements:

  1. Be at least 18 years old.
  2. Hold an appropriate class of driver's license for the vehicle being operated (with applicable endorsement if commercial driver’s license) for the gross vehicle weight rating and manufacturer’s designed passenger capacity of the vehicle.
  3. Pass an annual physical exam and otherwise meet medical and physical requirements established by the Department of Public Safety (DPS). [See DBB]
  4. Maintain an acceptable driving record in accordance with the minimum standards established by the DPS at 37 Administrative Code 14.14.  [See ANNUAL EVALUATION, below]
  5. Have an acceptable criminal history record secured from any law enforcement agency or criminal justice agency and reviewed in accordance with Education Code Chapter 22.[See DBAA at CRIMINAL HISTORY].
  6. Possess a valid Texas School Bus Driver Safety Training Certificate, as specified in 37 Administrative Code 14.35 or a valid Enrollment Certificate, as specified in 37 Administrative Code 14.36.

Trans. Code 521.022; 37 TAC 14.11; 14.12; 14.14

Pre-Employment Inquiries

An applicant for employment as a school bus driver must disclose to the School:

  1. Any violations of motor vehicle laws or ordinances (other than parking violations) of which the applicant was convicted or forfeited bond or collateral during the three years preceding the date the application is submitted;
  2. Any serious traffic violations, as defined by Transportation Code 522.035(25), of which the applicant was convicted during the ten years preceding the date the application is submitted; and
  3. Any suspension, revocation, or cancellation of driving privilege that the applicant has ever received.

The School shall make an inquiry into the applicant’s complete driving record, with DPS and with any state in which the applicant held a motor vehicle operator’s license or permit within the past seven years. If no previous driving record is found to exist, the School must document its efforts to obtain such information and certify that no previous driving record exists for the individual.

The School shall review the applicant’s driving record to determine whether that person meets minimum requirements, as described at 37 Administrative Code 14.14(d) related to penalty points for convictions of traffic law violations and crash involvements.  37 TAC 14.14 (b)

Annual Evaluation

The School shall, at least once every 12 months, make an inquiry into the applicant’s complete driving record of each school bus driver it employs, with DPS and with any state in which the applicant held a motor vehicle operator’s license or permit during that time period. The School shall review the driving record to determine whether that person meets minimum requirements, as described at 37 Administrative Code 14.14(d) related to penalty points for convictions of traffic law violations and crash involvements.

Transp. Code 512.022(d); 37 TAC 14.14(c)

Disqualification 

Any person who has accumulated ten or more penalty points shall be considered ineligible to transport students until such time as he or she may become qualified. A school bus driver who receives notice that his or her license, permit, or privilege to operate a motor vehicle has been revoked, suspended, or withdrawn shall notify the district of the contents of the notice before the end of the business day following the day the driver received it. TSBVI shall not permit a disqualified driver to drive a school bus, school bus, activity bus or multifunction school activity bus.  37TAC 14.14(g)

EMPLOYEE RECORDS

Professional Employees

The following records on professional personnel must be readily available for review by the Commissioner:

  1. Credentials (certificate or license);
  2. Service record(s) and any attachments;
  3. Contract;
  4. Teaching schedule or other assignment record; and
  5. Absence from duty reports.

Service Record

The basic document in support of the number of years of professional service claimed for salary increment purposes and both the state’s sick and personal leave program data for all personnel is the service record (form FIN-115) or a similar form containing the same information.  It is the responsibility of the issuing district to ensure that service records are true and correct and that all service recorded on the service record was actually performed.

The service record must be validated by a person designated by the School to sign service records.  The service record shall be kept on file at the School.  When employment with the School is terminated, the original service record, signed by the employee, shall be given to the employee upon request or sent to the next employing district.  The School must maintain a legible copy for audit purposes.

19 TAC 153.1021(b), (d)

Former Employees

On request by a classroom teacher, librarian, counselor, or nurse or by the district employing one of those individuals, a district that previously employed the individual shall provide a copy of the individual’s service record to the district employing the individual. (In this paragraph, the term “district” also applies to TSBVI.) If the former employee requests a copy from TSBVI, the School must provide a copy not later than the 30th day after the later of:

  1. The date the request is made; or
  2. The date of the last day of the individual’s service to the School. 

The original service record, signed by the employee, shall be given to the employee upon request or sent to the next employing district. The School must maintain a legible copy for audit purposes.  A scanned version of the original service record may be considered original if sent directly from one employing school to another employing school. 

Education Code 21.4031; 19 TAC 153.1021(b), (d)

Access to Employee Records

With regard to public access to information in personnel records, custodians of such records shall adhere to the requirements of the Public Information Law.  Gov’t Code 552 [See GBA]  

Information in a personnel file is excepted from the requirements of the Public Information Law if the disclosure would constitute a clearly unwarranted invasion of personal privacy. 

An employee of the School shall choose whether to allow public access to information in the School’s custody that relates to the employee’s home address, home telephone number, or Social Security number, or that reveals whether the person has family members. 

Gov’t Code 552.024, .102(a)

The social security number of an employee of a district in the custody of the district is confidential. A district may not require an employee or former employee of the district to choose whether to allow public access to the employee’s or former employee's social security number.  Gov’t Code 552.024(a-1), .147(a-1)

Employee Right of Access

All information in the personnel file of a School employee shall be made available to that employee or the employee’s designated representative as public information is made available under the Public Information Law.  An employee or an employee’s authorized representative has a special right of access, beyond the right of the general public, to information held by the School that relates to the employee and that is protected from public disclosure by laws intended to protect the employee’s privacy interests.

The School may not deny to the employee or his or her representative access to information relating to the employee on the grounds that the information is considered confidential by privacy principles under the Public Information Law.  The School may assert as grounds for denial of access other provisions of the Public Information Law or other laws that are not intended to protect the employee’s privacy interests. 

If the School determines that information in the employee’s records is exempt from disclosure under an exception of Government Code Chapter 552, Subchapter C, other than an exception intended to protect the privacy interest of the requestor or the person whom the requestor is authorized to represent, it shall submit a written request for a decision to the attorney general before disclosing the information.  If a decision is not requested, the School shall release the information to the requestor not later than the tenth day after the request for information is received. 

Gov’t Code 552.023,.102(a);.307

Adopted:          5/8/81
Amended:         6/29/84, 7/12/85, 1/23/87, 7/17/87, 11/12/87, 9/15/88, 6/1/89, 1/26/90, 5/28/92, 5/26/95, 9/29/95, 11/17/95, 11/14/97, 1/26/99, 1/28/00, 9/22/00, 9/21/01, 3/26/02, 11/22/02, 1/30/04, 11/18/05, 1/26/07, 1/25/08, 4/5/13, 4/6/18
Reviewed:        5/31/01